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Criminal Petition for Leave to Appeal No. 303 and Jail Petitions Nos. 71‑R and 66 of 1982, decided on 19th October, 1986.
(Against the judgment of the Lahore High Court, Lahore, dated 31‑5‑1982, passed in Criminal Appeal No. 503 of 1979).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), Ss. 148, 149, 302, 307, 323 326‑‑Conviction‑‑Reappraisal of evidence‑ Prosecution case based on evidence of three injured eye‑witnesses, medical evidence and evidence of motive‑‑Supreme Court declined to re‑appraise evidence on record and refused leave to appeal.
Muhammad Abdus Salam, Advocate Supreme Court for Petitioner (in Cr. P.L.A. No. 303 of 1982).
Date of hearing: 19th October, 1986.
This order will dispose of (i) Criminal Petition No. 303 of 1982 filed by Boots and Shahna;
(ii) Jail Petition No. 71 of 1982, filed by Subha and 6 others; and
(iii) Jail Petition No. 66 of 1982, filed by Sannata and another.
They were tried and convicted under sections 148, 302/149 and 307/149, P.P.C. and were sentenced as follows:‑
(1) All sentenced to 2 years under section 148, P.P.C
(2) All sentenced to imprisonment for life and a fine of Rs.1,000 each or 6 months' R.I. in default of payment of fine under section 302/149, P.P.C. for the murder of Allah Ditta.
(3) Death sentence was awarded to Boots and a fine of Rs.1,000, or 6 months' R.I. in default of payment of fine under section 302/149, P.P.C. for the murder of Mst. Nooran.
(4) All except Boots were sentenced under section 326/149, P.P.C. to 10 years' R.I. and a fine of Rs.1,000 (6 months' in case of default in payment of fine) for injuring Mat Nooran.
(5) All sentenced to 6 months' R.I. and a fine of Rs.100 each under section 323/149, P.P.C. or one month R.I. in case of default, for injuring Mst. Rehmi.
(6) All sentenced to 6 months' R.I. and a fine of RS.100 each under section 323/149, P.P.C. or one month R.I. in case of default of payment of fine, for injuring Dilmir.
(7) All sentenced under section 323/149, P.P.C. to 6 months' R.I. and a fine of Rs.100 each or one month R.I. in case of default, for injuring Mst. Muradan.
(8) All sentenced under section 323/149, P.P.C. to 2 years' R.I. and a fine of Rs.200 or in default 2 months' R.I. for injuring Mat. Sabi.
Their appeal before the High Court failed.
Hence the present petitions for leave to appeal.
2. The prosecution case is based only on the evidence of 3 injured eye‑witnesses namely (1) Mat. Rehmi (P.W.9); (2) Mst. Muradan (P.W.10) and (3) Dilmir (P.W.11); medical evidence and the evidence of motive.
3. Learned counsel for the petitioners only seeks reappraisal of evidence on the record. After considering the facts and circumstances of this case we do not consider it a fit case for reappraisal of evidence.
The three petitions are, therefore, dismissed.
M.I Petitions dismissed
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